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The law on helmet cams

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GREENI3
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PostPosted: 22:18 - 23 Mar 2011    Post subject: The law on helmet cams Reply with quote

I'm currently using an MD80 camera for video recording, which I have put inside my helmet.

My dad is against the idea, as he thinks if I crash/fall of that it will break my temple e.t.c.
And apparently it also invalidates my insurance, because I've 'modified' my helmet.
Although all I've down is wedge a bit of plastic between the outer and inner shell and it is quite secure.

So is it legal or not to be doing this?
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bootsbiker
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PostPosted: 22:24 - 23 Mar 2011    Post subject: Re: The law on helmet cams Reply with quote

WiiLKO wrote:

And apparently it also invalidates my insurance, because I've 'modified' my helmet.


There are other places to fix a camera. Is there a warning that came with the camera which states it will invalidate your insurance... R there instructions on how to use the item..?
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stinkwheel
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PostPosted: 22:29 - 23 Mar 2011    Post subject: Reply with quote

The way I've seen it done is to attach the camera to the side using a big pad of sticky-backed velcro. Then it'll come off if you have a crash.

You attach the camera to your jacket with a safety line in case the velcro comes off. It doesn't though, a big velcro pad gets a good hold.
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GREENI3
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PostPosted: 22:37 - 23 Mar 2011    Post subject: Reply with quote

stinkwheel wrote:
The way I've seen it done is to attach the camera to the side using a big pad of sticky-backed velcro. Then it'll come off if you have a crash.

You attach the camera to your jacket with a safety line in case the velcro comes off. It doesn't though, a big velcro pad gets a good hold.
I'm using heavy duty velcro that locks into place, and needs quite a tug to break it apart.
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Ichy
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PostPosted: 22:53 - 23 Mar 2011    Post subject: Reply with quote

Completely legal. Its going to take a bit more than a bit of Chinky plastic to break your temple, might take your eye out though. Insurance won't be void but they may consider you a bit dumb.
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stinkwheel
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PostPosted: 22:58 - 23 Mar 2011    Post subject: Reply with quote

The law says you have to wear a helmet of the relevant safety standard on your head.

Road traffic act 1988:
Wearing of protective headgear.E+W+S

16 (1)The Secretary of State may make regulations requiring, subject to such exceptions as may be specified in the regulations, persons driving or riding (otherwise than in side-cars) on motor cycles of any class specified in the regulations to wear protective headgear of such description as may be so specified.

(2)A requirement imposed by regulations under this section shall not apply to any follower of the Sikh religion while he is wearing a turban.

(3)Regulations under this section may make different provision in relation to different circumstances.

(4)A person who drives or rides on a motor cycle in contravention of regulations under this section is guilty of an offence; but notwithstanding any enactment or rule of law no person other than the person actually committing the contravention is guilty of an offence by reason of the contravention unless the person actually committing the contravention is a child under the age of sixteen years.

Also the Motor Cycles (Protective Helmets) Regulations 1980

“protective headgear” means a helmet which—

(a)either—

(i)bears a marking applied by its manufacturer indicating compliance with the specifications contained in one of the British Standards (whether or not as modified by any amendment) mentioned in Schedule 2 to these Regulations; or

(ii)is of a type manufactured for use by persons on motor cycles which by virtue of its shape, material and construction could reasonably be expected to afford to the wearer a degree of protection from accidental injury similar to or greater than that provided by a helmet of a type prescribed by regulation 5;

(b)if worn with a chin cup attached to or held in position by a strap, is provided with an additional strap (to be fastened under the wearer’s jaw) for securing the helmet to the head; and

(c)is securely fastened to the head by means of straps provided for that purpose; and

“strap” includes any fastening device.


That's your lot. If it's got the relevant British or EU standard mark on it and it beong worn, on your head, with the strap done up. It's legal. There is no mention of modification, fit or condition.
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GREENI3
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PostPosted: 23:05 - 23 Mar 2011    Post subject: Reply with quote

So if I got stopped by the police, they wouldn't say anything about it?

I've heard they can seize any recorded footage as evidence. Is this true?
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weasley
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PostPosted: 23:19 - 23 Mar 2011    Post subject: Reply with quote

They can not seize footage or photographs without a warrant, nor make you delete them. Doesn't matter who it is of. If you're in a public place you have the right to film and photograph whatever you like (within the bounds of decency, terrorism etc). You don't need anyone's permission and no-one can stop you.
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stinkwheel
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PostPosted: 23:31 - 23 Mar 2011    Post subject: Reply with quote

WiiLKO wrote:
So if I got stopped by the police, they wouldn't say anything about it?

I've heard they can seize any recorded footage as evidence. Is this true?


Broadly true, yes. But only if they have reason to believe you've been committing an offence.

Someone on this forum posted videos of himself hooning up the Cat and Fiddle on youtube. The police raided his house early one morning and seized his bike, bike gear and all his computer equipment.

So, if you're thinking about videoing yourself riding like a dick... Don't.
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bootsbiker
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PostPosted: 00:32 - 24 Mar 2011    Post subject: Reply with quote

I did start a topic a little while ago.. in fact a poll....

https://www.bikechatforums.com/viewtopic.php?t=214469&highlight=

good and bad...
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Glenben92
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PostPosted: 00:38 - 24 Mar 2011    Post subject: Reply with quote

If they don't have the legal ability to seize something that they want, they'll take it off you and stamp on it anyway, then just lie about it.

Maybe hide the camera if you're pulled for speeding though Rolling Eyes
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Mister James
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PostPosted: 04:08 - 24 Mar 2011    Post subject: Reply with quote

weasley wrote:
They can not seize footage or photographs without a warrant,


Wrong - PACE effectively allows them to seize anything on your person or in the immediate area of your arrest as evidence if related to a suspected offence. A helmet cam and its associated footage would clearly fall under that.

Quote:

nor make you delete them.


Quite right - there is absolutely no power to force you to delete photos or video footage at the scene of an incident.

Quote:
If you're in a public place you have the right to film and photograph whatever you like (within the bounds of decency, terrorism etc). You don't need anyone's permission and no-one can stop you.


Again, correct - however many people seem to conveniently 'forget' that shoving a camera up someone's nose can come across as hostile, rude or just plain insensitive.
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iooi
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PostPosted: 06:30 - 24 Mar 2011    Post subject: Reply with quote

Personally i would not fancy a cam in my helmet.

There are plenty of places to fit a cam on the bike, where they are well hidden. So should you get pulled they might not notice. But still give good views in the event of a incident.

I have fitted mine to places such as the lower engine cowl, under fairing, on the radiator and on the spot lamp bracket. All via velco.

Bonus of fitting to the bike is you can run them powered, so battery life is not a issue Thumbs Up
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Rogerborg
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PostPosted: 08:39 - 24 Mar 2011    Post subject: Reply with quote

Mister James wrote:
weasley wrote:
They can not seize footage or photographs without a warrant,


Wrong - PACE effectively allows them to seize anything on your person or in the immediate area of your arrest as evidence if related to a suspected offence. A helmet cam and its associated footage would clearly fall under that.


Agreed, PACE specifically mentions seizing photographic evidence of a crime, and is one of the few pieces of legislation which all coppers (that you'll meet on the street) are likely to be familiar with. Don't try and argue the toss just because Bloke Said On The Internets.

Oh, and putting something hard inside your helmet shell? Rather you than me, chumrade.
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GREENI3
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PostPosted: 18:08 - 24 Mar 2011    Post subject: Reply with quote

I'm only using it so that if someone crashed into me and it wasn't my fault I'd have evidence to speed up any insurance claim.

I know it's not a good idea to have it inside the helmet, which is why I'm going to stop using it now.

I'd put it somewhere on the bike, but the cameras not waterproof. (what do you expect for 11 quid) Laughing

Needed a few of the legal aspects confirmed, so thanks for the replies. Thumbs Up
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Willson
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PostPosted: 13:49 - 25 Mar 2011    Post subject: Reply with quote

Wrap it in cling film then Wink

(Obviously everything but the lens...)
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Pete247
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PostPosted: 16:02 - 25 Mar 2011    Post subject: Reply with quote

I mount mine on my fork leg or gaffa-tape it to the chin piece on my Arai if helmet mounting. Bike mounting is better tho if you can avoid it vibrating

Last edited by Pete247 on 21:31 - 23 May 2011; edited 1 time in total
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John933
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PostPosted: 16:50 - 25 Mar 2011    Post subject: Reply with quote

I have video on my bike as well. Have had it a while now and have played around with where is the best place to have it and how to fix it. Me I've got mine on the crown of my helmet. I found that by turning my head I can video what I want rather than just the straight forward looking view that bike mount will give you. I have mine attached with sticky back Velcro. Work's a treat. Just slap it in place and you are away. No problem with have I left it on the bike. As it's always with you. A side effect is that car driver's can see it very quickly, and recognize what it is. So you don't get so much the dumb azz driver's trying to kill you.
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tahrey
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PostPosted: 22:50 - 25 Mar 2011    Post subject: Reply with quote

I could swear last time I saw someone describing how to use one of those cheap "microDV" card-based cameras, it went on the outside of the helmet ... he just fed a velcro strap in under the bottom of the visor, down and out of the neckhole and back up at the front. Sits sort of in front of your nose, strap is thin enough that visor still shuts with reasonable effectiveness if the weatherstrip is ok. The sound is next to useless because of wind unless you smother it in foam or bubblewrap, but it's not really that much of an issue.

So long as the helmet isn't desperately crap (or a flip-front and you've mounted the camera in front of the release button like a muppet), should you come off and faceplant camera-first, the camera itself will smashed flat long before there's a suggestion of it doing you any harm.

Just have to hope that the system was writing continually and directly to the memory card, and that said card's flash chip remains intact enough for the data to be recovered.

Alternatively I picked up an "anywhere" digital camera mount from PC World for like a quid from their clearance bin before xmas, but haven't yet had chance to try it out. It's like an orange plastic thing with a standard tripod thread on one side, and a couple of moderate length captive velcro bands on the other. Tighten on the camera, strap it up (handlebars? tank bag somehow? helmet again?) and off you go.
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The Shaggy D.A.
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PostPosted: 09:42 - 26 Mar 2011    Post subject: Reply with quote

stinkwheel wrote:
So, if you're thinking about videoing yourself riding like a dick... Don't.


Considering the majority of videos taken from a bike are of the "Watch this!/Look at meeee!" variety, chances are quite high that any given footage will have evidence of dickage.
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Hetzer
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PostPosted: 11:24 - 26 Mar 2011    Post subject: Reply with quote

Mister James wrote:
weasley wrote:
They can not seize footage or photographs without a warrant,


Wrong - PACE effectively allows them to seize anything on your person or in the immediate area of your arrest as evidence if related to a suspected offence. A helmet cam and its associated footage would clearly fall under that.



Which means they would then also have to arrest you? In other words, if they're not bluffing about an 'offence' in order to have their way they'd have to back it up with an actual arrest? No arrest = no offence = no right to take stuff?
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Mister James
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PostPosted: 13:58 - 26 Mar 2011    Post subject: Reply with quote

Under PACE it would usually be post-arrest (after a s32 search) or while 'legally on premises' - which covers taking stuff when searching a car/house/etc.

The common law powers for seizing property are probably more relevant - and of course, less clear.

In general you've got a point - seizure of evidence has to be for some form of investigation, and has to meet all the usual criteria; Proportionate to the offence, necessary to preserve the evidence, etc.

I imagine the Hetzer (and indeed, the Mr James) interpretation of a proportionate and necessary seizure of video footage might differ slightly from your average traffic cop.

In practise I'd imagine it would usually only occur during a serious investigation - such as dangerous driving, death by, etc. That said, being a Response officer I've got other things to worry about - wifebeaters, burglars, robbers, missing kids, escaped nutters with knives and coked-up Polish man-mountains.
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Frog
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PostPosted: 22:37 - 26 Mar 2011    Post subject: Reply with quote

So you can be searched (for the moment anyway) but your property 'cannot' (I.e. cannot resonably) be seized unless you are also arrested and/or cautioned?

Mister James wrote:
coked-up Polish man-mountains.


Does this happen often? Where the hell do you live?
I'll not go there. Shocked
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Rogerborg
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PostPosted: 22:46 - 26 Mar 2011    Post subject: Reply with quote

Mister James wrote:
Under PACE it would usually be post-arrest (after a s32 search) or while 'legally on premises' - which covers taking stuff when searching a car/house/etc.


However, the PACE definition of "premises" includes "any place". Some forces have decided to interpret that literally.
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Mister James
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PostPosted: 03:35 - 27 Mar 2011    Post subject: Reply with quote

Frog wrote:


Mister James wrote:
coked-up Polish man-mountains.


Does this happen often? Where the hell do you live?
I'll not go there. Shocked


Every weekend. West London.
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